Free Status Report - District Court of Colorado - Colorado

Case 1:00-cr-00531-WYD

Document 2049

Filed 12/04/2006

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Action No. 1:00-cr-00531-WYD UNITED STATES OF AMERICA, Plaintiff, v. WILLIAM CONCEPCION SABLAN, Defendant.
______________________________________________________________________________

William Sablan's Status Report Re: Pending Motions _______________________________________________________________________ Pursuant to the Court's Order of November 21, 2006, William Sablan, through undersigned court-appointed counsel, submits this status report regarding currently pending motions: 1. William Sablan's Motion To Strike The Government's Notice Of Intent To Seek The Death Penalty On The Grounds That As Applied To Him The Death Penalty Is Statutorily Prohibited And Constitutes Cruel and Unusual Punishment In Violation Of The Eighth Amendment . . . (Document # 1540) (Gov Response Document # 1573) (Hearing Held On 11/16/06). 2. William Sablan's Renewed Motion For Discovery Regarding Racial Disparity In Cases Submitted For Possible Death Penalty Authorization (Document # 1629) (Gov

1

Case 1:00-cr-00531-WYD

Document 2049

Filed 12/04/2006

Page 2 of 4

Response Document # 16731) (Reply and Submission of Additional Authority # 1672) (Court's Order on Sanctions, Document # 1802, states this motion will be addressed under a separate order). 3. William Sablan's Motion To Strike Incidents Listed In Support Of The Government's Nonstatutory Aggravating Factor "Future Dangerousness" On The Grounds They Are Insufficiently Relevant and Reliable (Document # 1683) (Gov Response Document # 1736) (Court Order, Document #1836 at 32: deferred until after Phase III evidentiary hearing which was held on November 6-8, 2006). 4. William Sablan's Motion To Strike Non-Institutional Setting Incidents From Nonstatutory Aggravating Factor of Future Dangerousness (Document # 1684) (Gov Response Document # 1736) (Court Order, Document # 1836 at 14-15: granted motion to the extent future dangerousness is to be evaluated in the context of prison setting, but deferred ruling on specific non-institutional incidents until after Phase III evidentiary hearing, which was held on November 6-8, 2006). 5. The following Phase III motions were denied to the extent they sought per se rulings, but without prejudice to consideration of specific incidents and/or their evidentiary issues as challenged at Phase III evidentiary hearing (Document # 1836 at 31; 25; 36; 30-31; 36): a) William Sablan's Motion To Strike Institutional Setting Incidents From Future Dangerousness On The Grounds That The Conduct Alleged Is Not criminal Conduct (Document # 1685) (Gov Response Document # 1736);
2

Case 1:00-cr-00531-WYD

Document 2049

Filed 12/04/2006

Page 3 of 4

b) William Sablan's Motion To Limit Evidence Of Prior Convictions To The Fact Of Conviction And To Exclude Evidence Of Underlying Conduct (Document # 1686) (Gov Response Document # 1736); (See Document # 1986 at 5, Court's Order denying motion for reconsideration as it relates to a per se ruling). c) William Sablan's Motion To Prohibit The Use Of Prior Convictions Obtained In The Local Courts Of The Commonwealth Of The Northern Mariana Islands On The Grounds That The Federal Death Penalty Act Neither Provides For, Not Contemplates, Their Use And That They Are Insufficiently Reliable (Document # 1687) (Gov Response Document # 1735); and d) William Sablan's Motion To Prohibit The Government From Introducing Evidence Of Unadjudicated Criminal Conduct During The Penalty Phase (Document # 1707) (Gov Response Document # 1733). 5. William Sablan's First Supplemental Response To The Government's July 24, 2006 Proffer Regarding Future Dangerousness [regarding applicability of Crawford v. Washington, 541 U.S. 36 (2004)] (Documents # # 1882; 2013) (Gov Responses Documents # # 1884; 2017) (Argued at November 6-8, 2006 hearing). 6. William Sablan's Second Supplemental Response To The Government's July 24, 2006 Proffer Regarding Future Dangerousness [Regarding "Double-Counting"] (Document # 1883). (It is contingent on what the Court's ruling is on other Phase III motions.) WHEREFORE, William Sablan submits this Status Report Regarding Pending
3

Case 1:00-cr-00531-WYD

Document 2049

Filed 12/04/2006

Page 4 of 4

Motions. Dated: December 4, 2006 Respectfully submitted, Patrick J. Burke Patrick J. Burke P.C. 1660 Wynkoop Street, Suite 810 Denver, CO 80202 303-825-3050 By: /s/ Susan L. Foreman Susan L. Foreman 1660 Wynkoop Street, Suite 810 Denver, CO 80202 303-825-3050 Counsel for William Sablan CERTIFICATE OF SERVICE I hereby certify that on December 4, 2006, I electronically filed the foregoing William Sablan's Status Report Re: Pending Motions with the Clerk of the Court using the CM/EFC system which will send notification of such filing to the following e-mail addresses: [email protected] [email protected] [email protected] [email protected] By: /s/Susan L. Foreman Nathan Chambers Chambers, Dansky & Mulvahill 1601Blake Street, Suite 300 Denver, CO 80202 303-825-2222

4